Why not make adultery legal in india?

If woman is made punishable, matrimonial offence will surely decrease.

1. No.

2. The law of crimes perverts itself on occasions into the crime of law if narrow legalism overwhelms social justice. This criticism applies to the field of penology as well, and so the finer, more perceptive and sociologically relevant approach to punishment, when crime has been proved, is to take a holistic, realistic and humanistic size-up action as to promote rehabilitation without offending community conscience.
Illustration:

Re. query of Gulab which is now deleted by Admin. where I favoured representation (by an Advocate) which was shunned by ignorant public interest (Chandrashekhar, Roshni and Utpala with generic gyan on ethics of Advocates – right
Against above recent memory recall illustration backdrop I will tell now why I favoured representation (i.e. an advocate shall represent the man named Gulab though he self confesses to his crime of passion which is material but not entirely to bring home complete justice to his marital and extra-marital actions which only a advocate can bring home via his pleadings justice in terms of what punishment he shall be given to meet complete end to justice).


Here I define why this illustration could be bench mark to clear ignorant commoner’s in LCI’s clouded non-legal / loose talks in biased state of mind;


A. The reality of the situation in the query of Gulab was that the man has found 'g/f' in a second woman. The complainant (Gulab’s wife) derives poor comfort if left in the cold after say a draconian sentence inflicted upon her husband (she filed S. 498a IPC / DV recall that). True, the penal law registers the public denunciation of the community on criminal misconduct and the wife, certainly, will derive some satisfaction if the husband who betrays the conjugal fidelity and ill-treats one for whom he is obliged to be kindly is punished.


B. But she (Gulab’s wife) and his two female children have to live, which means financial resources. She and children has to have a future which certainly cannot rest with a betrayer. Taking the totality of these circumstances into consideration, a advocate feel that the best course would be to have the offence compounded for which it now becomes duty of an advocate to bring around a table the parties and make them readily willing, appreciating the pragmatism of life. So unless a advocate could represent Gulab’s case how three women (his wife + 2 female children) in his life would have got complete justice???


C. So against above A and B what shall happen at the long road of social Justice delivery is that with assistance of a advocate Gulab though has pre-assumed to have committed adultery even so, what should be the sentence in the present re. case of Gulab? The legal prudent answer is that he probably is gainfully employed or probably a businessman and one consequence of his years of imprisonment is that he wrecks his livelihood / business which whatever else happens will land his erstwhile family (his wife and two daughters) in great financial misfortunes. Secondly punitive incarceration may not restore the harmony between the proposed complainant (Gulab’s wife) and the proposed accused (Gulab) unless not represented by a Advocate; if at all it may estrange them into worse hostility and never restore them back to consortium.


D. That is the reason I said in that post of Gulab’s and here too that every person need to be represented by a advocate ir-respective if that person has confessed to his crimes / guilt in Chamber discussion or in LCI J Advocates duty is not to send that person to prison right away it is via an advocates pleadings before Bench he can endavour to restore end to Justice and unless a advocate is representing how people like Gulab could understand what rightful Justice he as a common man embroiled into some crimes of passion should get vis-à-vis his wife and two daughters!


Understand the logics and pleadings why advocates becomes important then come and talk here in LCI about social justice leaving your biased minds to your homes.

People in this forum, especially lawyers, tend to forget that there is life outside the courts and police stations. Very few persons from the outside normal penetrate this closed circuit for pleasure.

Very few normal persons allow their lives to be guided by Cr. P. C. sections and rules. The vast majority of the population has not even heard of these.

Our country is undergoing rapid change - just a few years ago, it would have been virtually impossible for a village woman to have access to a telephone. Ladies like Roshni B or Ranee... would have found it very difficult to learn how to use a computer, let alone own one.

It is true we are in a transition period and it is a question of maturity as to which laws we adopt. We are making a mess of not only our lives but also those of our children by tolerating injustice and ignorance in our midst.

In this context, I would like to repeat a favourite concept of mine that holds the key to such problems:

The girl child should be educated fully in the same way as a boy and should be made to understand that she has to stand on her own legs all her life through some fruitful work or career. This will enable her to choose her own life, find the life partner she likes and resolve problems in a peaceful manner.

@tajobsindia.

Sec. 406 IPC only says:

Whoever commits criminal breach of trust shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE (is not part of the law made by parliament or macaulay, the author of IPC).

Punishment—Imprisonment for 3 years and fine, or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.

Presuming that this classification of offense only relates to matters of property, you are over-enthusiastic to confine breach of trust to only matters relating to property. 

@ Chandrasekhar


1. Thank you.
2. What is not there in Law and legislative intent I refer to Rule of Interpretation to interpret the same read with wisdom from Hon'ble SC down ages. One such illustration of earlier work could be found in interpreting Domestic Violence Act here in LCI. Hence I am grounded to Law and have no desire to become “over-enthusiastic to confine breach of trust to only matters relating to property” which you may by all means try to win just one argument in Court of Law atleast not with me bze the test is there not before me. J
3. If you did not notice the debate already is currently before 173,165 people wherein roughly 85% people are general public (larger public interest you see). I mean I cannot expect this debate to go to 1.13 billion people atleast I donot have that capacity to "make it large" which you may try by all your above faulty means.


[BTW on your line of arguments here on Saptapadi do you agree that Hindu Marriage is a contract J]

Marriage is a spiritual contract, not a legal contract.

There is no clear definition of roles, responsibilities and things to share by husband wife in marriage.  Marriage as a practise evolved in India did not contemplate divorce.  Divorce law was encouraged by British and many social reformers supported and it came into existence.  Customarily there divorce was not part of Hindu religion. The only requirement of marriage is that the girl goes to the family of husband as daughter-in-law. "in-law" also means literally, legally she is a daughter of that family.  There was no presumption of daugher of a family will, with a divorce, part with that family.  When the consequence of a failed contract is not defined, and the obligations of the contracting parties in case of such failure, it fails to stand the requirements of a legal contract. So I call it a spiritual contract.

There is no clear definition of roles, responsibilities and things to share by husband wife in marriage.  Marriage as a practise evolved in India did not contemplate divorce.  Divorce law was encouraged by British and many social reformers supported and it came into existence.  Customarily there divorce was not part of Hindu religion. The only requirement of marriage is that the girl goes to the family of husband as daughter-in-law. "in-law" also means literally, legally she is a daughter of that family.  There was no presumption of daugher of a family will, with a divorce, part with that family.  When the consequence of a failed contract is not defined, and the obligations of the contracting parties in case of such failure, it fails to stand the requirements of a legal contract. So I call it a spiritual contract.

one point is that punishment of adultry for both men and women should be only divorce and  not devorce + maintainance. there is no point why after divorce somebody would financially help others since ALL TIES IS SEVERED in devorce.

I am very sorry that my query has been deleted.Dont know why.But I am thankfull toTajobsindia for mentioning that here.

I dont want to live with my wife.I am in love with my girlfrined.She is threating me if not I  marry  her she will do suicide.My wife will not give me divorce.So please help me how to proceed.

Is divorce necessary? Your wife is having objection on marry to girlfriend so donot marry with GF keep her in live in relationship.

Any way woman is enemy of woman.

This is the crux of the problem: what is marriage-is it

1) is it a contract or not a contract?

2) if it is not a contract what is it?

3) if it is not a contract why are courts involved?

4) is Hindu marriage as done precludes polygamy by itself?I am not talking legally. BUt is ere anything in Hindu marriage hat says it should be only monogamy? As we have gods who have more than one wife I.e wives.kings had the same. The basic purpose if to spread the genes and have as many offsprings as possible and raise them. If someone can support children from many women why is it precluded?Like I said the concept of divorce and all this has no basis in Hindu religion.it is borrowed from practices of invaders. 

 Pre-Independence of our country Hindus were allowed to have many wives.

But after Post-Independence and Hindu marriage act Hindu can have one wife legally but still many Hindus have more than one wife (who cares).